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Home My WebLink About98-141 Resolution No. 98-141 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE ELGIN BMX ASSOCIATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with the Elgin BMX Association for the maintenance of a BMX track at the Elgin Sports Complex, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: June 10, 1998 Adopted: June 10, 1998 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk h } , PURCHASE OF SERVICE AGREEMENT BETWEEN THE ELGIN BMX ASSOCIATION AND THE CITY OF ELGIN THIS AGREEMENT is made and entered into on this / day of N E- , 1998, by and between the ELGIN BMX ASSOCIATION, a not-for-profit corporation, organization and existing under the laws of the State of Illinois, (hereinafter referred to as "BMX" ) and the CITY OF ELGIN, Illinois, a municipal corporation, (hereinafter referred to as the "City" ) . Now, therefore, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . BMX shall maintain, and City shall permit BMX to maintain a BMX official size track, starting tower, light and starting gate at the Elgin Sports Complex in Elgin, Illinois at BMX' s sole expense during the term of this agreement. The location of the BMX facility shall be approved in advance by the Director of the City' s Parks and Recreation Department. 2 . BMX shall bear all operating costs, including, but not limited to those which insure the facility, sanction races, obtain permanent equipment and provide awards . 3 . BMX shall provide an insurance policy in which the City shall be named as co-insured which shall at all times be maintained at or above the following amounts : $1 , 000, 000 General Aggregate $1 , 000 ,000 Each Occurrence $1 , 000, 000 Products/Completed Operation Aggregate $ 50,000 Fire Damage (any one fire) $1 , 000 , 000 Personal Injury $ 5, 000 Medical Expense (any one person) 4 . BMX shall be strictly liable for the acts of its agents, volunteers, officers and employees and shall, to the fullest extent permitted by law, idemnify and hold harmless the City, its officers, agents and employees from any claims, suits , or liability whatsoever including, but not limited to, any court costs and reasonable attorneys fees arising out of or in any way connected with BMX facilities being located at the Elgin Sports Complex or the operation or use thereof . 5 . BMX shall hold a series of beginner clinics each summer (April-September) during the term of this agreement . 6 . BMX shall schedule a series of not less than 24 sanctioned BMX races each season (April-October) . r- 7 . BMX shall hold one benefit race for the Parks and Recreation Youth Scholarship Fund with a guaranteed minimum of $2 , 500 in proceeds, which proceeds shall be paid to City within thirty ( 30 ) days of said race. 8 . BMX shall reasonably promote the facility through its ties with the Chicago Area Bicycle Dealers Association, suburban bike shops, park districts and area media. 9 . BMX shall advertise with all printed material recognizing the "Elgin BMX Association" as the coordinating entity, list the track as the "The Hill" at the "City of Elgin Sports Complex, " and the address as 601 South McLean Boulevard, Located at the corner of McLean Boulevard and Spartan Drive" . (The facility address shall be included if space permits ) . 10 . BMX shall encourage use of the BMX facility through providing bicycles as BMX may obtain from the Elgin Police Auction, financial assistance as may be obtained from City' s Parks and Recreation Youth Scholarship Fund, and by offering discounted rates and special programs . 11 . BMX shall contact Mike Monell, Sports Complex Recreation and Maintenance Supervisor, when making grounds maintenance requests . 12 . BMX shall obtain written approval from the Director of the City' s Department of Parks and Recreation prior to taking any action which may have any effect upon the facility. 13 . BMX shall provide a written report and fiscal accounting of the operation of the facility at the end of the year to the Director of Parks and Recreation. 14 . BMX shall be entitled to sell prepackaged food snacks (grilled hot dogs and bratwurst) at the track on Saturday race days only. Snacks shall be limited to canned or plastic bottled beverages, candy, chips, energy snacks, and snack cakes . No other foods or beverages shall be permitted. Snacks shall be sold at the same price as set for similar snacks and beverages at the concession stand. BMX shall comply with all applicable local , state and federal laws, including, but not limited to Elgin Municipal Code Section 9 . 12 . 010, et seq. 15 . City shall promote the aforementioned facility, races and clinics through the Parks and Recreation Department seasonal brochure, and shall display posters and fliers in the Parks and Recreation Department Office . 16 . City shall provide lawn maintenance and trash pickup at the facility. 17 . City shall repair and maintain the stone path leading from the concession stand to the track. -2- 18 . City shall provide maintenance assistance as and when available for moving clay. 19 . City shall provide a source for watering of the site and shall pay the costs of water usage to the site. 20 . City shall provide for electric service to the site and pay for the cost of electric usage. 21 . City shall provide chalk for the lining of the course (two bags every Friday during season) , the cost of which shall be reimbursed to City within 30 days of City providing BMX with a bill for said chalk. 22 . The City shall provide track drying agent ( 10 bags at the beginning of the season and as necessary throughout the season as requested by BMX) , the cost of which shall be reimbursed to City within thirty (30) days of City providing BMX with a bill for said drying agent. 23 . The parties hereto shall negotiate in good faith options for expanded parking for the facility. 24 . This agreement shall be in full force and effect from June 1, 1998, through December 1, 1998 . IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. ELGIN BMX Association, CITY OF ELGIN an Illinois not-for-profit an Illinois municipal corporation corporation By \Kt B y• O � . aii esident Joyce ' . Parker City Manager Attest: Attest: Secretary Dolonna Mecum City Clerk -3- * yOFEOi • ; Agenda Item No.` � City of Elgin o°'1T[D May 8, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Elgin BMX Purchase of Service Agreement Renewal PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the renewal of the Purchase of Service Agreement with the Elgin BMX Association. BACKGROUND Since 1990, the City has worked with the Elgin BMX Association to provide a BMX (bicycle moto cross) facility at the Elgin Sports Complex. The basis of this agreement is that Elgin BMX Association is responsible for the maintenance of the track, starting tower, and registration building, as well as provid- ing all programming for the facility and insurance coverage naming the City of Elgin as co-insured. The Parks and Recrea- tion Department assists with lawn maintenance, trash removal, as well as providing maintenance equipment and personnel for large maintenance projects . The BMX track is very popular, providing sanctioned races and instructional clinics every Saturday. Since 1992 , the track has hosted the Gold Cup Qualifier which draws riders from all over the Midwest . The BMX Association also holds an annual benefit race for the Parks and Recreation Department ' s Youth Scholarship Fund with a guaranteed minimum of $2 , 500 in proceeds . Consideration is also given to provide at-risk and economical- ly disadvantaged youth with the opportunity to race by offer- ing reduced rates and providing bikes for use to those who may not own a BMX style bike . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Elgin BMX Association. Elgin BMX Service Agreement May 8 , 1998 Page 2 FINANCIAL IMPACT Currently the City does not provide any financial assistance for the operations of the track but does assist the BMX Association with lawn maintenance and trash removal, water and electric service to the site, as well as assistance with maintenance equipment and personnel for large maintenance projects . LEGAL IMPACT i None . , ALTERNATIVES The alternative would be to not 'enter into a service agreement with the Elgin BMX Association. RECOMMENDATION It is recommended that the Mayor and members of the City Council approve the 1998 Purchase of Service Agreement with the Elgin BMX Association. Respectfully submitted, 0, .._ 4?, /24.---- Jce . Parker City Manager mpc